The St. Johns herald., 1887-12-01
Opinion of Attorney General Gar land Regarding Rights Of Settlers OF Indemnity Lands.

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 An important opinion by the at , tornev general on the construction 3, 1 and ,, of the act of March 3, 1887, passed to provide for the ad- iustment of land grants made by congress to aid in the construction of railroads and the forfeiture of unearned lands and other purposes, is made public. The opinion IS given in reply to questions asked by the secretary of the interior. The opinion in substance of the act named directs the adjustment of grants. The section provides for d restoration of title to the United States where lands have been erro- neously certified, or patented to railroads. The third section is, that if an adjustment of said grants, it shall appear that homestead or pre-emption entry of bona fide settler has been enormously can celled on account of a railroad grant, or withdrawal of public lands from market; each settler upon ap- plication shall be reinstated in all his rights, and allowed to p rfect his entry, by complying with the l public land law; provided, he has not located another claim or made an entry in lieu of the one so erro- neously cancelled; provided. also. that he did not voluntarily abandon said original entry and provided, further, that if any of the said set tiers do not renew their application to be reinstated within reasona- blo time, to be fixed by the secre- tary of the interior, then all such unclaimed lands shall be disposed of under public land laws, in which a priority of right is given to bona fide purchasers of said unclaimed lands, if any, and if there be no such purchaser, then to bona fide settlers residing therein. The ques- ton submitted under this section was, what class of purchasers is referred to by the expression ''bona fide purchasers of such un- claimed lands?" The rights of several classes to lands referred to in the first section are successive in the order stated therein. First, the right of homestead or prc-emption settlers, where an entry has been wrcngfully cancelled if he elects to assert his right, and has not, will be disqualified by locating another claim, or making another entry, in lieu of that erroneously cancelled.
 His right is absolute and the sue cessive rights of the remaining two classes cannot attach, If he lawfully asserts his claim. If he fails to claim the land, or is disqualified under the act, the second class of persons, who are the bona fde pur- chasers of the land unclaimed by him, have precedence over the third class. Bona fde purchasers here referred to are those who, without knowledge of wrong or error, have purchased from railroad compa- nies lands which have been pre- vlously entered by pre-emption, or homestead settlers, whose entries have been enormously cancelled, and which land, the pre-emption and homestead settler, did not elect to claim after recovery by proceed irgs prescribed by the second sec tion of the act. The second ques- tion was. can the department after the adjustment of the grant, issue patent to purchaser of such land before said land has been re- conveyed by the road or title re- covered by judicial proceedings.
 In reply to this, the attorney gen eral says: Until the lands shall have been legally determined to belong to the United States, the right to issue patents under the fourth section does not arise. If